Date: Sat, 07 Dec 1996 02:07:50 -0500
From: Riki Anne Wilchins
Subject: BRANDON TEENA REVISITED
MEDIA ADVISORY - FOR IMMEDIATE RELEASE
Contact: Tony Baretto-Neto
TBHAWK@aol.com
Riki Anne Wilchins
Riki@pipeline.com
BRANDON TEENA REVISITED
=======================
Sheriff Elected Commissioner
----------------------------
[Lincoln, NB - December 4, 1996] IN A
TURN OF EVENTS both bizarre and sad, the
murder of Brandon Teena is once again in
the spotlight.
The 1st week in November, Sheriff Charles
"You can all it `it' as far as I'm concerned"
Laux, who refused to protect Brandon
following his initial assault and rape
complaint, was elected to Richardson
Country Commissioner. The vote was a tie,
and decided by the toss of a coin.
Many in the queer community felt that
had Laux followed up on Brandon's original
complaint, Brandon and friends Lisa
Lambert and Phillip DeVine might still be
alive.
Seeking a New Trial
-------------------
Then, on Monday, December 2 the OMAHA
WORLD-HERALD reported that Tom Nissen,
sentenced to life testifying against co-
defendant John Lotter, is seeking a new
trial. The Omaha article continues: "In
briefs filed with the Supreme Court in
May, Nissen argued that authorities lacked
probable cause to arrest him without
warrant shortly after the bodies were
discovered. [Nissen's' attorney, Peter]
Blakeslee said Nissen was arrested for the
alleged sexual assault only as a pretext
to hold him for the homicides. Blakeslee
contended that the officers not only
lacked probable cause to detain Nissen but
also violated the Fourth Amendment by
claiming that the arrest was for sexual
assault when in reality it was for the
slayings. c Omaha World-Herald
The brief went on to cite other
"errors" in the prosecution of the case,
including the judge's comments during jury
selection, failure to suppress testimony
by writer Eric Konigsberg ("Death of a
Deceiver," published in Playboy Magazine,
1/1995), the decision to allow testimony
related to Brandon's rape, a juror's
meeting with her spouse during
deliberations, and the instructions given
the jury.
In addition, Nissen claims his
confession was involuntary because it came
following his being detainment in
isolation for 6 hours, and because the
police used deception.
Said Tony Barreto-Neto, Executive Director of
TOPS (Transgender Officers Protect & Serve),
one of the original organizers of the '94 Brandon
Tenna Murder Trial Vigil, and a Florida Deputy
Sherriff, "In my opinion Charles Laux is guilty
of Criminal Culpalble Negligence in the Triple
Murders. I have examined the Brandon's
original signed complaint, and there is no question
that this Sheriff had Probable Cause (PC) to make an
investigation and take the perpetrators into custody
*before* they carried out their threat to kill Brandon.
He didn't act just because Brandon - like me - was a
transexual man.
Continued Barreto-Neto, "One has to wonder if it
is strictly coincidence that as Laux gets elected
County Commissioner, Nissen is filing for re-trial.
TOPS is seeking a way to address the Richardson
County Commissioners on this matter."
"In any case, everyone seems to be coming out of
this okay, except for Brandon."
###
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